Sunset Clauses in Australian Anti-Terror Laws

27 Pages Posted: 9 Feb 2013

See all articles by Nicola McGarrity

Nicola McGarrity

University of New South Wales (UNSW)

Rishi Gulati

King's College London; Victorian Bar; King’s College London, Dickson Poon School of Law

George Williams

University of New South Wales (UNSW) - Faculty of Law

Date Written: February 2, 2013

Abstract

A sunset clause is a legislative provision that provides for the expiry of legislation at a fixed point in time. The use of such clauses is controversial. Some argue that sunset clauses are appropriate where legislation makes significant inroads into fundamental human rights, for example, in the anti-terrorism context. Others argue that sunset clauses are the ‘spoonful of sugar’ that enables bad legislation to be passed by the Parliament. This article examines the Australian experience with sunset clauses in the anti-terrorism context. Only two pieces of federal anti-terrorism legislation have incorporated a sunset clause. The question that this article asks is how effective these clauses have been. It will consider their impact upon pre-enactment scrutiny of legislation, as well as the extent to which they have led to rigorous and meaningful post-enactment review.

Suggested Citation

McGarrity, Nicola and Gulati, Rishi and Williams, George, Sunset Clauses in Australian Anti-Terror Laws (February 2, 2013). Adelaide Law Review, Vol. 33, 2012; UNSW Law Research Paper No. 2013-14. Available at SSRN: https://ssrn.com/abstract=2213234

Nicola McGarrity

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

Rishi Gulati

King's College London ( email )

Strand
London, England WC2R 2LS
United Kingdom

Victorian Bar ( email )

C/- Clerk Green, 205 William Street, Melbourne
Melbourne, Victoria
Australia

HOME PAGE: http://www.foleys.com.au/mobile/Profile.aspx??area=Barristers&id=4760

King’s College London, Dickson Poon School of Law ( email )

Strand
United Kingdom

George Williams (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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